BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 124
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          Date of Hearing:   August 14, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   SB 124 (Corbett) - As Amended:  August 5, 2013 

          Policy Committee:                             Utilities and  
          Commerce     Vote:                            10-3

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY

           This bill requires state agencies and the California State  
          University (CSU) contracting for the installation of a clean  
          energy device, technology, or system to provide a 5% preference  
          for bidders who certify all parts, devices and technologies of  
          the system were manufactured in California.  Specifically this  
          bill:

          1)Requires the preference to be 5% of the bid price of the  
            lowest responsible bidder meeting specifications, or 5% of the  
            total score of the highest scored bidder when factors in  
            addition to price are considered.

          2)Requires DGS to publish and regularly update information on  
            its website on the location of sites that receive bid  
            preferences, the name of the manufacturer and the type of  
            clean energy device, technology, or system utilized.

          3)Requires DGS to publish a report on the employment growth  
            associated with the clean energy bid preference for women,  
            minority and disabled veterans.

          4)Restates the total of all bid preferences authorized is  
            limited to 15%.

          5)Sunsets the provisions of the bill on January 1, 2020.

           FISCAL EFFECT  

          1)To the extent competitively bid contracts are awarded to other  
            than the lowest bidder, the state will incur additional costs  








                                                                  SB 124
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            on contracts. These costs are unknown, but given the  
            considerable volume of state contracting, could total at least  
            several hundred thousand dollars annually (General Fund and  
            various special funds).

          2)DGS will also incur significant one-time GF administrative  
            costs to develop regulations to implement the new contracting  
            requirement in the range of $100,000 to $200,000.   In  
            addition, adding a new factor for awarding contracts is likely  
            to result in additional protests from unsuccessful bidders,  
            with resulting costs and contract delays.

          3)DGS will incur significant ongoing administrative costs to  
            publish on its website bid preference and contractor  
            information and the associated employment growth.




           COMMENTS  

           1)Purpose  .  According to the author, this bill supports the  
            continued development of energy efficiency and alternative  
            energy in California and protects investment in green  
            technology. 

           2)Support  . Supporters of SB 124 state that the bid preferences  
            will reward manufacturers and contractors located here in  
            California, support in-state employment for skilled workers  
            and attract capital investment to the state.

           3)Opponents  express concern the bid preference will drive up  
            energy costs. They also express concern that protectionist  
            statutes will promote trade wars with or retaliatory actions  
            by other states or nations.
             
          4)Previous Legislation.   SB 175 (Corbett) failed in the Assembly  
            Business, Professions, and Consumer Protection Committee. This  
            bill would have provided a 5% bid preference in state  
            contracts for the purchase and installation of solar panels  
            manufactured or assembled in the state.

           Analysis Prepared by  :    Jennifer Galehouse / APPR. / (916)  
          319-2081 









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